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Madras High CourtCRL OP/24687/2021granted

S.Venkatesh v. State Rep By

2021-12-17Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24687 of 2021 1.S.Venkatesh 2.K.Easwaran 3.P.Prabhakaran ... Petitioners

Versus

The State represented by The Inspector of Police, Kudavasal Police Station, Thiruvarur District.

(*)(Crime No.1046 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest by the respondent police, pending investigation of the case in (*)Crime No.1046 of 2021 on the file of respondent. For Petitioners :Mr.T.Muthukrishnan For Respondent :Mr.N.S.Suganthan, Government Advocate (Crl. Side) Dated:17/12/2021 [CRL.OP.NO.24687/2021] :MR.A.GOKULAKRISHNAN Additional Public Prosecutor Dated:27/01/2022 [CRL.MP.NO.667/2022 IN CRL.OP.NO.24687/2021] *********

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 427, 352, 324, 506(ii) of IPC in (*)Crime No.1046 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint against the petitioners that on 04.11.2021 stating that the petitioners had attacked the defacto complainant with wooden logs and knife, the petitioners were not in the occurrence place on that date. But, due to previous enmity, the petitioners were added as Accused persons along with others. In order to suppress his

mischief, the defact complainant wantonly created a scene and made the false complaint against the petitioners. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Nannilam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., until further orders; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

(*)Amended as per order of this Court Dated 27.01.2022 made in CRL.MP.NO.667/2022 IN CRL.OP.NO.24687/2021.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUDAVASAL POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.MUTHUKRISHNAN Advocate on payment of necessary charges CRL OP.24687/2021 Date :17/12/2021 CSK 21/12/2021 CSK 07/02/2022